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Article • August 15, 2002 • from PLN August, 2002
States Capitulate on Reading Legal Mail by John E Dannenberg by John E. Dannenberg The disturbing trend of several states to inspect legal mail outside the presence of the prisoner [see PLN Mar. 2002 "State Prisons Abrogate Attorney Client Privilege"] has begun to crumble under court challenges. Begun under the …
U.S. Cited for Human Rights Violations by Gary Hunter On May 15, 2001, at a human rights conference in Geneva, the United States was denounced for its inhumane and discriminatory practices. Amnesty International and the U.N. Committee Against Torture cited the U.S. for oppressive tactics by both public law enforcement …
Article • March 15, 2002 • from PLN March, 2002
State Prisons Abrogate Attorney-Client Mail Privilege by Just as the federal government has seized on the events of September 11, 2001, to push for a long list of previously desired powers and restrictions on civil liberties, state prison systems have done the same. Several states, including Massachusetts, Virginia, New Jersey, …
Idaho's Prison Labor Scandal by Silja JA Talvi by Silja J.A. Talvi Over the past decade, Idaho's state prison system has been rocked by a steady stream of scandals ranging from the sexual abuse of prisoners to the violation of prisoners' First Amendment rights. But nothing has shaken the Idaho …
Article • January 15, 2002 • from PLN January, 2002
Filed under: Editorials, Mail, Legal Mail
From the Editor by Paul Wright Welcome to the New Year. This will mark PLN's thirteenth year of publishing, and we hope to make significant strides in terms of increasing both PLN 's circulation and its size. We need an additional $500 per month to add four pages to PLN …
Brief • August 28, 2000
Vincent v. Martin, MI, Judgment, Right to Counsel, 2000 2:99-cv-71416-AC Doc # 82 Filed 08/28/00 Pg 1 of 1 ~' AO 450 (Rev. 5/85) Judgment In 1 Clvll C.. Pg ID 296 • ~nii£h ~ta:i£s c!§l istrirt Qlourt ~~~~~~-E=A:..:.:.ST-=-=E~RN:..;_~~~~~DISTRJCTOF~~~M-I_C_H_I_G_A_N~~~~~~~~~ JOHN VINCENT, SR., and JOHN VINCENT, JR.,. Plaintiffs, JUDGMENT IN A …
Article • August 15, 2000 • from PLN August, 2000
Jail Discrimination Violates Equal Protection by The Court of Appeals for the Eighth Circuit held that different treatment of similarly situated prisoners because of their race, states an equal protection claim. In 1998, Ricky L. Powells, a black prisoner, filed three separate lawsuits alleging that several defendants violated his rights …
Article • July 15, 2000 • from PLN July, 2000
Mailbox Rule Applies to Section 2254/2255 Motions by The Tenth Circuit Court of Appeals held that a prisoner's pleadings were filed at the time he mailed them, even though he used the prison's regular mail system instead of its legal mail system. While incarcerated at the Federal Correctional Institution in …
Article • May 15, 2000 • from PLN May, 2000
Dismissal Without Notice for Untimely Service of § 1983 Complaint Is Abuse of Discretion by Dismissal Without Notice for Untimely Service of § 1983 Complaint Is Abuse of Discretion When the United States District Court (SD NY) dismissed a prisoner's 42 U.S.C. § 1983 complaint for his failure to serve …
Brief • April 28, 2000
Vincent v. Martin, MI, Memo and Order, Right to Counsel, 2000 2:99-cv-71416-AC Doc # 81 Filed 04/28/00 Pg 1 of 14 Pg ID 178 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JOHN VINCENT, Sr. and JOHN VINCENT, Jr., Plaintiffs, Case No. 99-CV-71416 V. HONORABLE AVERN COHN BILL …
Article • October 15, 1998 • from PLN October, 1998
Denial of Legal Materials Sent by Relatives Upheld by The court of appeals for the Eighth circuit, sitting en banc, held that Missouri prison officials were entitled to qualified immunity from money damages for denying a prisoner a package of legal materials sent by a relative. The court held it …
Article • August 15, 1998 • from PLN August, 1998
Filed under: Habeas Corpus, Mail, Legal Mail
Mailbox Rule Applied to Habeas Petitions by The court of appeals for the Third circuit extended the mailbox rule to habeas corpus petitions, holding that habeas petitions are considered filed when given to prison officials for mailing. Donald Burns, a New Jersey state prisoner, gave his federal habeas petitions to …
Legal Papers Must be Returned to Owner; Prisoner Legal Mail Banned by The court of appeals for the eighth circuit held a district court erred when it ordered prison officials to allow prisoner co-plaintiffs to correspond with each other about their case. The court affirmed an injunction requiring prison officials …
Article • February 15, 1998 • from PLN February, 1998
Actual Injury Required in Legal Mail Claim by In the December, 1995, issue of PLN we reported Bieregu v. Reno , 59 F.3d 1445 (3rd Cir. 1995) where the third circuit held that a prisoner need not show harm to a court claim when the confidential) of his legal mail …
Experiment in Access: Law Libraries Eliminated in Arizona Prisons by O'Neil Stough The August 1996, issue of PLN reported Lewis v. Casey, 116 S.Ct. 2174 (1996). The Lewis court, though not explicitly overturning Bounds v. Smith, 430 US 817, 97 S.Ct. 1491 (1977), redefined the meaning of "court access" as …
Article • May 15, 1997 • from PLN May, 1997
Sixth Circuit Defines Legal Mail by The court of appeals for the sixth circuit has held that "legal mail" encompasses legal materials delivered to prisoners by any means, not just via the postal system. As such, the legal materials cannot be inspected outside the prisoner addressee's presence. Temujin Kensu is …
Article • February 15, 1997 • from PLN February, 1997
Washington Grievance Mail Case Reversed by The court of appeals for the ninth circuit held that mail to and from government agencies is entitled to no special treatment and may be read and censored by prison officials outside the prisoner's presence. In the September, 1994, issue of PLN we reported …
Article • October 15, 1996 • from PLN October, 1996
The "Honorable Men" Defense by Mumia Abu-Jamal [Editor's Note: With this issue PLN welcomes its third quarterly columnist, Mumia Abu-Jamal, a political prisoner on death row in Pennsylvania.] "The noble Brutus hath told you Caesar was ambitious: If it were so, it was a grievous fault; And grievously hath Caesar …
IMU Placement Implicates Due Process by The court of appeals for the ninth circuit held that an Oregon prisoner's transfer to an Intensive Management Unit (IMU) control unit may violate due process if done without procedural due process. The court also held that several control unit conditions stated a claim …
Article • April 15, 1996 • from PLN April, 1996
Seventh Circuit Decides "Mail Box" Rule by In a case of first impression in that circuit, the court of appeals for the seventh circuit ruled that a prisoner's pleadings are considered "filed" with the court when they are given to prison officials for mailing. The case involves an Illinois state …
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